Restoring Your Day in Court to Prosecute Nursing Home Abuse
UPDATE - January 2017: The ban on mandatory arbitration agreements has been temporarily blocked. U.S. District Judge Michael Mills, who sits in the Northern District of Mississippi, granted a preliminary injunction, which keeps the rule from being implemented. Martinson & Beason, P.C. will continue to monitor the status of the rule as it makes its way through the court system. Nursing home patients and their families won a major victory Wednesday when the Department for Medicare and Medicaid Services banned arbitration clauses in nursing home agreements for all nursing homes that receive federal funds. The decision will allow nursing home victims of elder abuse, sexual abuse, wrongful death, and other forms of mistreatment to pursue justice in a court of law, rather than being relegated to secretive arbitration. Admitting a family member into a nursing home is often an extremely stressful time, and families rarely have the chance to negotiate the binding arbitration provision in the admittance contract. An arbitration agreement is a contractual provision between a consumer and a corporation where the parties agree to settle any potential legal disputes in a private proceeding with limited recourse. In contrast to the regular court system, arbitration settlements are kept confidential and parties do not have the right to appeal. Arbitration also allows a company to keep embarrassing and potentially costly mistakes and practices from being heard by the public. It is a system favored by many corporations that prevents a consumer access to the court system.